The Various Types of Patent Rights
Question 1:
Introduction:
Patent Right; is essentially a limited monopoly whereby the patent holder is granted the exclusive right to make, use, and sell the patented innovation for a limited period of time.
According to Collins English dictionary a Patent Right is the right granted by a patent; especially the exclusive right to an invention.
A patent is essentially a government grant to a person for the exclusive right to make, use, and sell his new and useful discovery, design, process, machine, manufacture, or other composition, or, any new and useful improvement on it.
Types of Patent Rights:
There are several types of patent rights which are classified according to certain country and aspects. According to the U.S. Patent and Trademark Office (PTO) types of patent offerings different kinds of protection and covering different types of subject matter are as follows; i. Utility Patent; it is the patent issued for the invention of a new and useful process, machine, manufacture, or a new and useful improvement theory, it is the patent that permits its owner to exclude others from making, using, or selling the invention for a period of up to twenty years from the date of patent application filing, subject to the payment of maintenance fees. They are also referred to as "patents for invention." ii. Plant Patent; These are the patents that not subject to the payment of maintenance fees. The patent permits its owner to exclude others from making, using, or selling the plant for a period of up to twenty years from the date of patent application filing. It is issued for a new and distinct, invented or discovered asexually reproduced plant, Example; cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber propagated plant or a plant found in an uncultivated state, iii. Design Patent; The Design patents are other type of patent that are not subject to the payment of maintenance fees. They are issued for a new, original, and ornamental
Introduction:
Patent Right; is essentially a limited monopoly whereby the patent holder is granted the exclusive right to make, use, and sell the patented innovation for a limited period of time.
According to Collins English dictionary a Patent Right is the right granted by a patent; especially the exclusive right to an invention.
A patent is essentially a government grant to a person for the exclusive right to make, use, and sell his new and useful discovery, design, process, machine, manufacture, or other composition, or, any new and useful improvement on it.
Types of Patent Rights:
There are several types of patent rights which are classified according to certain country and aspects. According to the U.S. Patent and Trademark Office (PTO) types of patent offerings different kinds of protection and covering different types of subject matter are as follows; i. Utility Patent; it is the patent issued for the invention of a new and useful process, machine, manufacture, or a new and useful improvement theory, it is the patent that permits its owner to exclude others from making, using, or selling the invention for a period of up to twenty years from the date of patent application filing, subject to the payment of maintenance fees. They are also referred to as "patents for invention." ii. Plant Patent; These are the patents that not subject to the payment of maintenance fees. The patent permits its owner to exclude others from making, using, or selling the plant for a period of up to twenty years from the date of patent application filing. It is issued for a new and distinct, invented or discovered asexually reproduced plant, Example; cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber propagated plant or a plant found in an uncultivated state, iii. Design Patent; The Design patents are other type of patent that are not subject to the payment of maintenance fees. They are issued for a new, original, and ornamental
References: Kishombo, D. and Mutalemwa, D. (2010) “importation of counterfeits: What should be done?” The Economic and Social Research Foundation, Tanzania knowledge Network (TAKNET). Leslie, T. (2009) “Difference Between Brand names And Trade names” Demand Media. Inc Ndomondo, M. (2005) “Strategies for improving integrity of the medicinal Marketplace in Tanzania” Tanzania Food and Drugs Authority. (2003)"Collins English Dictionary" © HarperCollins Publishers. http://www.uspto.gov/web/offices/ac/ido/oeip/taf/patdesc.htm 1 June 2000), retrieved on 19th march, 2013. 03:53 Pm. http://smallbusiness.chron.com/difference-between-brand-name-trade-mark-3580.html retrieved on 19th march, 2013. 04:32 Pm. http://www.businessdictionary.com/definition/out-of-court-settlement.html#ixzz2Nu7mlgLx retrieved on 21st march, 2013 09:55 Am. www.irantender.com/english/Document/Patent%20Rights.doc retieved on 19th march, 2013. 03:59 Pm.